Texas 2011 - 82nd Regular

Texas House Bill HB2945 Compare Versions

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1	1	82R23975 TJB-F
2	2	By: Coleman H.B. No. 2945
3	3	Substitute the following for H.B. No. 2945:
4	4	By: Marquez C.S.H.B. No. 2945
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the promotion of efficiencies in and the administration
10	10	of certain district court and county services and functions.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 144.041, Agriculture Code, is amended by
13	13	adding Subsection (h) to read as follows:
14	14	(h) A county clerk may accept electronic filing or
15	15	rerecording of an earmark, brand, tattoo, electronic device, or
16	16	other type of mark for which a recording is required under this
17	17	chapter or other law.
18	18	SECTION 2. Chapter 2, Code of Criminal Procedure, is
19	19	amended by adding Article 2.31 to read as follows:
20	20	Art. 2.31. COUNTY JAILERS. A jailer licensed under Chapter
21	21	1701, Occupations Code, may execute lawful process issued to the
22	22	jailer by any magistrate or court on a person confined in the jail
23	23	at which the jailer is employed to the same extent that a peace
24	24	officer is authorized to execute process under Article 2.13(b)(2),
25	25	including:
26	26	(1) a warrant under Chapter 15, 17, or 18;
27	27	(2) a capias under Chapter 17 or 23;
28	28	(3) a subpoena under Chapter 20 or 24; or
29	29	(4) an attachment under Chapter 20 or 24.
30	30	SECTION 3. Article 20.011(a), Code of Criminal Procedure,
31	31	is amended to read as follows:
32	32	(a) Only the following persons may be present in a grand
33	33	jury room while the grand jury is conducting proceedings:
34	34	(1) grand jurors;
35	35	(2) bailiffs;
36	36	(3) the attorney representing the state;
37	37	(4) witnesses while being examined or when necessary
38	38	to assist the attorney representing the state in examining other
39	39	witnesses or presenting evidence to the grand jury;
40	40	(5) interpreters, if necessary; [and]
41	41	(6) a stenographer or person operating an electronic
42	42	recording device, as provided by Article 20.012; and
43	43	(7) a person operating a video teleconferencing system
44	44	for use under Article 20.151.
45	45	SECTION 4. Article 20.02(b), Code of Criminal Procedure, is
46	46	amended to read as follows:
47	47	(b) A grand juror, bailiff, interpreter, stenographer or
48	48	person operating an electronic recording device, [or] person
49	49	preparing a typewritten transcription of a stenographic or
50	50	electronic recording, or person operating a video teleconferencing
51	51	system for use under Article 20.151 who discloses anything
52	52	transpiring before the grand jury, regardless of whether the thing
53	53	transpiring is recorded, in the course of the official duties of the
54	54	grand jury, is [shall be] liable to a fine as for contempt of the
55	55	court, not exceeding $500 [five hundred dollars], imprisonment not
56	56	exceeding 30 [thirty] days, or both the [such] fine and
57	57	imprisonment.
58	58	SECTION 5. Chapter 20, Code of Criminal Procedure, is
59	59	amended by adding Article 20.151 to read as follows:
60	60	Art. 20.151. CERTAIN TESTIMONY BY VIDEO TELECONFERENCING.
61	61	(a) With the consent of the foreman of the grand jury and the
62	62	attorney representing the state, a peace officer summoned to
63	63	testify before the grand jury may testify through the use of a
64	64	closed circuit video teleconferencing system that provides an
65	65	encrypted, simultaneous, compressed full motion video and
66	66	interactive communication of image and sound between the peace
67	67	officer, the attorney representing the state, and the grand jury.
68	68	(b) In addition to being administered the oath described by
69	69	Article 20.16(a), before being interrogated, a peace officer
70	70	testifying through the use of a closed circuit video
71	71	teleconferencing system under this article shall affirm that:
72	72	(1) no person other than a person in the grand jury
73	73	room is capable of hearing the peace officer's testimony; and
74	74	(2) the peace officer's testimony is not being
75	75	recorded or otherwise preserved by any person at the location from
76	76	which the peace officer is testifying.
77	77	(c) Testimony received from a peace officer under this
78	78	article shall be recorded and preserved.
79	79	SECTION 6. Article 27.18, Code of Criminal Procedure, is
80	80	amended by amending Subsection (c) and adding Subsections (c-1) and
81	81	(c-2) to read as follows:
82	82	(c) A recording of the communication shall be made and
83	83	preserved until all appellate proceedings have been disposed of. A
84	84	court reporter or court recorder is not required to transcribe or
85	85	make a separate recording of a plea taken under this article unless
86	86	an appeal is taken in the case and a party requests a transcript.
87	87	(c-1) The defendant may obtain a copy of a [the] recording
88	88	made under Subsection (c) on payment of a reasonable amount to cover
89	89	the costs of reproduction or, if the defendant is indigent, the
90	90	court shall provide a copy to the defendant without charging a cost
91	91	for the copy.
92	92	(c-2) The loss or destruction of or failure to make a video
93	93	recording of a plea entered under this article is not alone
94	94	sufficient grounds for a defendant to withdraw the defendant's plea
95	95	or to request the court to set aside a conviction, sentence, or
96	96	plea.
97	97	SECTION 7. Article 38.073, Code of Criminal Procedure, is
98	98	amended to read as follows:
99	99	Art. 38.073. TESTIMONY OF INMATE WITNESSES. In a
100	100	proceeding in the prosecution of a criminal offense in which an
101	101	inmate in the custody of the Texas Department of Criminal Justice is
102	102	required to testify as a witness, any deposition or testimony of the
103	103	inmate witness may be conducted by a video teleconferencing system
104	104	in the manner described by Article 27.18 [electronic means, in the
105	105	same manner as permitted in civil cases under Section 30.012, Civil
106	106	Practice and Remedies Code].
107	107	SECTION 8. Article 49.25, Code of Criminal Procedure, is
108	108	amended by adding Section 13A to read as follows:
109	109	Sec. 13A. FEES. (a) A medical examiner may charge
110	110	reasonable fees for services provided by the office of medical
111	111	examiner under this article, including cremation approvals, court
112	112	testimonies, consultations, and depositions.
113	113	(b) The commissioners court must approve the amount of the
114	114	fee before the fee may be assessed. The fee may not exceed the
115	115	amount necessary to provide the services described by Subsection
116	116	(a).
117	117	(c) The fee may not be assessed against the county's
118	118	district attorney or a county office.
119	119	SECTION 9. Section 31.037, Election Code, is amended to
120	120	read as follows:
121	121	Sec. 31.037. SUSPENSION OR TERMINATION OF EMPLOYMENT. The
122	122	employment of the county elections administrator may be suspended,
123	123	with or without pay, or terminated at any time for good and
124	124	sufficient cause on the four-fifths vote of the county election
125	125	commission and approval of that action by a majority vote of the
126	126	commissioners court.
127	127	SECTION 10. Section 43.007(i), Election Code, is amended to
128	128	read as follows:
129	129	(i) The secretary of state may only select to participate in
130	130	the program six [three] counties with a population of 100,000 or
131	131	more and four [two] counties with a population of less than 100,000.
132	132	SECTION 11. Section 203.005(b), Family Code, is amended to
133	133	read as follows:
134	134	(b) The first payment of a fee under Subsection (a)(5)
135	135	[(a)(4)] is due on the date that the person required to pay support
136	136	is ordered to begin child support, alimony, or separate maintenance
137	137	payments. Subsequent payments of the fee are due annually and in
138	138	advance.
139	139	SECTION 12. Sections 51.318(b) and (e), Government Code,
140	140	are amended to read as follows:
141	141	(b) The fees are:
142	142	(1) for issuing a subpoena, including one copy$8
143	143	(2) for issuing a citation, commission for deposition,
144	144	writ of execution, order of sale, writ of execution and order of
145	145	sale, writ of injunction, writ of garnishment, writ of attachment,
146	146	or writ of sequestration not provided for in Section 51.317, or any
147	147	other writ or process not otherwise provided for, including one
148	148	copy if required by law$8
149	149	(3) for searching files or records to locate a cause
150	150	when the docket number is not provided$5
151	151	(4) for searching files or records to ascertain the
152	152	existence of an instrument or record in the district clerk's
153	153	office$5
154	154	(5) for abstracting a judgment$8
155	155	(6) for approving a bond$4
156	156	(7) for a certified copy of a record, judgment, order,
157	157	pleading, or paper on file or of record in the district clerk's
158	158	office, including certificate and seal, for each page or part of a
159	159	page$1
160	160	(8) for a noncertified copy, for each page or part of a
161	161	page not to exceed $1
162	162	(9) notwithstanding Section 51.3195, for an
163	163	electronic certified copy of a record, judgment, order, pleading,
164	164	or paper on file or of record in the district clerk's office,
165	165	including certificate and seal, for each page or part of a
166	166	pagenot to exceed $1.
167	167	(e) The district clerk may not charge [the] United States
168	168	Immigration and Customs Enforcement or United States Citizenship
169	169	and Immigration Services [Naturalization Service] a fee for a copy
170	170	of any document on file or of record in the clerk's office relating
171	171	to an individual's criminal history, regardless of whether the
172	172	document is certified.
173	173	SECTION 13. Section 57.002, Government Code, is amended by
174	174	adding Subsection (d-1) to read as follows:
175	175	(d-1) Subject to Subsection (e), a court in a county to
176	176	which Section 21.021, Civil Practice and Remedies Code, applies may
177	177	appoint a spoken language interpreter who is not a licensed court
178	178	interpreter.
179	179	SECTION 14. Subchapter D, Chapter 101, Government Code, is
180	180	amended by adding Section 101.06118 to read as follows:
181	181	Sec. 101.06118. ADDITIONAL DISTRICT COURT FEES: GOVERNMENT
182	182	CODE. The clerk of a district court shall collect for an electronic
183	183	certified copy of a record, judgment, order, pleading, or paper on
184	184	file or of record in the district clerk's office, including
185	185	certificate and seal, a fee not to exceed $1 for each page or part of
186	186	a page under Section 51.318.
187	187	SECTION 15. Section 551.0415, Government Code, is amended
188	188	to read as follows:
189	189	Sec. 551.0415. GOVERNING BODY OF MUNICIPALITY OR COUNTY:
190	190	REPORTS ABOUT ITEMS OF COMMUNITY INTEREST REGARDING WHICH NO ACTION
191	191	WILL BE TAKEN. (a) Notwithstanding Sections 551.041 and 551.042, a
192	192	quorum of the governing body of a municipality or county may receive
193	193	from municipal or county staff and a member of the governing body
194	194	may make a report about items of community interest during a meeting
195	195	of the governing body without having given notice of the subject of
196	196	the report as required by this subchapter if no action is taken and,
197	197	except as provided by Section 551.042, possible action is not
198	198	discussed regarding the information provided in the report.
199	199	(b) For purposes of Subsection (a), "items of community
200	200	interest" includes:
201	201	(1) expressions of thanks, congratulations, or
202	202	condolence;
203	203	(2) information regarding holiday schedules;
204	204	(3) an honorary or salutary recognition of a public
205	205	official, public employee, or other citizen, except that a
206	206	discussion regarding a change in the status of a person's public
207	207	office or public employment is not an honorary or salutary
208	208	recognition for purposes of this subdivision;
209	209	(4) a reminder about an upcoming event organized or
210	210	sponsored by the governing body;
211	211	(5) information regarding a social, ceremonial, or
212	212	community event organized or sponsored by an entity other than the
213	213	governing body that was attended or is scheduled to be attended by a
214	214	member of the governing body or an official or employee of the
215	215	municipality or county; and
216	216	(6) announcements involving an imminent threat to the
217	217	public health and safety of people in the municipality or county
218	218	that has arisen after the posting of the agenda.
219	219	SECTION 16. Section 551.0725(a), Government Code, is
220	220	amended to read as follows:
221	221	(a) The commissioners court of a county [with a population
222	222	of 400,000 or more] may conduct a closed meeting to deliberate
223	223	business and financial issues relating to a contract being
224	224	negotiated if, before conducting the closed meeting:
225	225	(1) the commissioners court votes unanimously that
226	226	deliberation in an open meeting would have a detrimental effect on
227	227	the position of the commissioners court in negotiations with a
228	228	third person; and
229	229	(2) the attorney advising the commissioners court
230	230	issues a written determination that deliberation in an open meeting
231	231	would have a detrimental effect on the position of the
232	232	commissioners court in negotiations with a third person.
233	233	SECTION 17. Section 61.002(5), Health and Safety Code, is
234	234	amended to read as follows:
235	235	(5) "General revenue levy" means:
236	236	(A) the property taxes imposed by a county that
237	237	are not dedicated to:
238	238	(i) the construction and maintenance of
239	239	farm-to-market roads under Article VIII, Section 1-a, Texas
240	240	Constitution;
241	241	(ii) [or to] flood control under Article
242	242	VIII, Section 1-a, [of the] Texas Constitution;
243	243	(iii) [or that are not dedicated to] the
244	244	further maintenance of the public roads under Article VIII, Section
245	245	9, [of the] Texas Constitution; or
246	246	(iv) the payment of principal or interest
247	247	on county debt; and
248	248	(B) the sales and use tax revenue to be received
249	249	by the county during the calendar year in which the state fiscal
250	250	year begins under Chapter 323, Tax Code, as determined under
251	251	Section 26.041(d), Tax Code.
252	252	SECTION 18. Section 132.002(a), Local Government Code, is
253	253	amended to read as follows:
254	254	(a) The commissioners court of a county may authorize a
255	255	county or precinct officer who collects fees, fines, court costs,
256	256	or other charges on behalf of the county or the state to accept
257	257	payment by credit card or by the electronic processing of checks of
258	258	a fee, fine, court costs, or other charge. The commissioners court
259	259	may also authorize a county or precinct officer to collect and
260	260	retain a fee for processing the payment by credit card or by the
261	261	electronic processing of checks.
262	262	SECTION 19. Subchapter Z, Chapter 157, Local Government
263	263	Code, is amended by adding Section 157.9031 to read as follows:
264	264	Sec. 157.9031. AUTHORITY TO REQUIRE REIMBURSEMENT FOR
265	265	CERTAIN COVERAGE. A self-insuring county or the intergovernmental
266	266	pool operating under Chapter 119, under policies concerning the
267	267	provision of coverages adopted by the county's commissioners court
268	268	or the pool's governing body, may require reimbursement for the
269	269	provision of punitive damage coverage from a person to whom the
270	270	county or intergovernmental pool provides coverage.
271	271	SECTION 20. Sections 270.007(b) and (f), Local Government
272	272	Code, are amended to read as follows:
273	273	(b) A [Notwithstanding the provisions of Subsections (f)
274	274	and (g), a] county may exclusively contract with a person to market
275	275	the application or system. If the original contract for development
276	276	of the application or system under Subsection (a) does not include a
277	277	provision for marketing the application or system, a [A] contract
278	278	under this subsection shall be awarded [only] in compliance with
279	279	Section 262.030, [Local Government Code,] concerning the
280	280	alternative competitive procedure for insurance or high technology
281	281	items.
282	282	(f) Except as provided by Subsection (b), [upon request of
283	283	any person,] a county may [shall] sell or license software under
284	284	this section for a price negotiated between the county and the
285	285	purchaser or licensee, including another governmental entity
286	286	[person, not to exceed the developmental cost to the county.
287	287	Developmental cost shall only include costs incurred under a
288	288	contract to procure the software or direct employee costs incurred
289	289	to develop the software. This subsection does not apply to any
290	290	county software that protects county computer systems from
291	291	unauthorized use or access].
292	292	SECTION 21. Section 387.003, Local Government Code, is
293	293	amended by amending Subsections (a), (b), (b-1), (c), (e), (f), and
294	294	(h) and adding Subsections (a-1), (i), and (j) to read as follows:
295	295	(a) The commissioners court of the county may call an
296	296	election on the question of creating a county assistance district
297	297	under this chapter. More than one county assistance district may be
298	298	created in a county, but not more than one district may be created
299	299	in a commissioners precinct.
300	300	(a-1) A district may [to] perform the following functions in
301	301	the district:
302	302	(1) the construction, maintenance, or improvement of
303	303	roads or highways;
304	304	(2) the provision of law enforcement and detention
305	305	services;
306	306	(3) the maintenance or improvement of libraries,
307	307	museums, parks, or other recreational facilities;
308	308	(4) the provision of services that benefit the public
309	309	health or welfare, including the provision of firefighting and fire
310	310	prevention services; or
311	311	(5) the promotion of economic development and tourism.
312	312	(b) The order calling the election must:
313	313	(1) define the boundaries of the district to include
314	314	any portion of the county in which the combined tax rate of all
315	315	local sales and use taxes imposed, including the rate to be imposed
316	316	by the district if approved at the election, would not exceed the
317	317	maximum combined rate of sales and use taxes imposed by political
318	318	subdivisions of this state that is prescribed by Sections 321.101
319	319	and 323.101, Tax Code [two percent]; and
320	320	(2) call for the election to be held within those
321	321	boundaries.
322	322	(b-1) If the proposed district includes any territory of a
323	323	municipality, the commissioners court shall send notice by
324	324	certified mail to the governing body of the municipality of the
325	325	commissioners court's intent to create the district. If the
326	326	municipality has created a development corporation under Chapter
327	327	504 or 505, the commissioners court shall also send the notice to
328	328	the board of directors of the corporation. The commissioners court
329	329	must send the notice not later than the 60th day before the date the
330	330	commissioners court orders the election. The governing body of the
331	331	municipality may exclude the territory of the municipality from the
332	332	proposed district by sending notice by certified mail to the
333	333	commissioners court of the governing body's desire to exclude the
334	334	municipal territory from the district. The governing body must
335	335	send the notice not later than the 45th day after the date the
336	336	governing body receives notice from the commissioners court under
337	337	this subsection. The territory of a municipality that is excluded
338	338	under this subsection may subsequently be included in:
339	339	(1) the district in an election held under Subsection
340	340	(f) with the consent of the municipality; or
341	341	(2) another district after complying with the
342	342	requirements of this subsection and after an election under
343	343	Subsection (f).
344	344	(c) The ballot at the election must be printed to permit
345	345	voting for or against the proposition: "Authorizing the creation
346	346	of the ____ County Assistance District No.___ (insert name of
347	347	district) and the imposition of a sales and use tax at the rate of
348	348	____ [of one] percent (insert [one-eighth, one-fourth,
349	349	three-eighths, or one-half, as] appropriate rate) for the purpose
350	350	of financing the operations of the district."
351	351	(e) If a majority of the votes received at the election are
352	352	against the creation of the district, the district is not created
353	353	and the county at any time may call one or more elections [another
354	354	election] on the question of creating one or more [a] county
355	355	assistance districts [district may not be held in the county before
356	356	the first anniversary of the most recent election concerning the
357	357	creation of a district].
358	358	(f) The commissioners court may call an election to be held
359	359	in an area of the county that is not located in a district created
360	360	under this section to determine whether the area should be included
361	361	in the district and whether the district's sales and use tax should
362	362	be imposed in the area. An election may not be held in an area in
363	363	which the combined tax rate of all local sales and use taxes
364	364	imposed, including the rate to be imposed by the district if
365	365	approved at the election, would exceed the maximum combined rate of
366	366	sales and use taxes imposed by political subdivisions of this state
367	367	that is prescribed by Sections 321.101 and 323.101, Tax Code [two
368	368	percent].
369	369	(h) If more than one election to authorize a local sales and
370	370	use tax is held on the same day in the area of a proposed district or
371	371	an area proposed to be added to a district and if the resulting
372	372	approval by the voters would cause the imposition of a local sales
373	373	and use tax in any area to exceed the maximum combined rate of sales
374	374	and use taxes of political subdivisions of this state that is
375	375	prescribed by Sections 321.101 and 323.101, Tax Code [two percent],
376	376	only a tax authorized at an election under this section may be
377	377	imposed.
378	378	(i) In addition to the authority to include an area in a
379	379	district under Subsection (f), the governing body of a district by
380	380	order may include an area in the district on receipt of a petition
381	381	or petitions signed by the owner or owners of the majority of the
382	382	land in the area to be included in the district. If there are no
383	383	registered voters in the area to be included in the district, no
384	384	election is required.
385	385	(j) The commissioners court by order may exclude an area
386	386	from the district if the district has no outstanding bonds payable
387	387	wholly or partly from sales and use taxes and the exclusion does not
388	388	impair any outstanding district debt or contractual obligation.
389	389	SECTION 22. Section 387.005, Local Government Code, is
390	390	amended to read as follows:
391	391	Sec. 387.005. GOVERNING BODY. (a) The commissioners court
392	392	of the county in which the district is created by order shall
393	393	provide that:
394	394	(1) the commissioners court is the governing body of
395	395	the district; or
396	396	(2) the commissioners court shall appoint a governing
397	397	body of the district.
398	398	(b) A member of the governing body of the district
399	399	[commissioners court] is not entitled to compensation for service
400	400	[on the governing body of the district] but is entitled to
401	401	reimbursement for actual and necessary expenses.
402	402	(c) A board of directors appointed by the commissioners
403	403	court under this section shall consist of five directors who serve
404	404	staggered terms of two years. To be eligible to serve as a
405	405	director, a person must be at least 18 years of age and a resident of
406	406	the county in which the district is located. The initial directors
407	407	shall draw lots to achieve staggered terms, with three of the
408	408	directors serving one-year terms and two of the directors serving
409	409	two-year terms.
410	410	SECTION 23. Section 387.006(a), Local Government Code, is
411	411	amended to read as follows:
412	412	(a) A district may:
413	413	(1) perform any act necessary to the full exercise of
414	414	the district's functions;
415	415	(2) accept a grant or loan from:
416	416	(A) the United States;
417	417	(B) an agency or political subdivision of this
418	418	state; or
419	419	(C) a public or private person;
420	420	(3) acquire, sell, lease, convey, or otherwise dispose
421	421	of property or an interest in property under terms determined by the
422	422	district;
423	423	(4) employ necessary personnel; [and]
424	424	(5) adopt rules to govern the operation of the
425	425	district and its employees and property; and
426	426	(6) enter into agreements with municipalities
427	427	necessary or convenient to achieve the district's purposes,
428	428	including agreements regarding the duration, rate, and allocation
429	429	between the district and the municipality of sales and use taxes.
430	430	SECTION 24. Section 387.007(b), Local Government Code, is
431	431	amended to read as follows:
432	432	(b) A district may not adopt a sales and use tax under this
433	433	chapter if the adoption of the tax would result in a combined tax
434	434	rate of all local sales and use taxes that would exceed the maximum
435	435	combined rate prescribed by Sections 321.101 and 323.101, Tax Code,
436	436	[of more than two percent] in any location in the district.
437	437	SECTION 25. Section 387.009, Local Government Code, is
438	438	amended to read as follows:
439	439	Sec. 387.009. TAX RATE. The rate of a tax adopted under
440	440	this chapter must be in increments of one-eighth[, one-fourth,
441	441	three-eighths, or one-half] of one percent.
442	442	SECTION 26. Sections 387.010(a), (b), and (c), Local
443	443	Government Code, are amended to read as follows:
444	444	(a) A district that has adopted a sales and use tax under
445	445	this chapter may, by order and subject to Section 387.007(b):
446	446	(1) reduce [, change] the rate of the tax or repeal the
447	447	tax without an election, except that the district may not repeal the
448	448	sales and use tax or reduce the rate of the sales and use tax below
449	449	the amount pledged to secure payment of an outstanding district
450	450	debt or contractual obligation;
451	451	(2) increase the rate of the sales and use tax, if the
452	452	increased rate of the sales and use tax will not exceed the rate
453	453	approved at an election held under Section 387.003; or
454	454	(3) increase the rate of the sales and use tax to a
455	455	rate that exceeds the rate approved at an election held under
456	456	Section 387.003 after [if] the increase [change or repeal] is
457	457	approved by a majority of the votes received in the district at an
458	458	election held for that purpose.
459	459	(b) The tax may be changed under Subsection (a) in one or
460	460	more increments of one-eighth of one percent [to a maximum of
461	461	one-half of one percent].
462	462	(c) The ballot for an election to increase [change] the tax
463	463	shall be printed to permit voting for or against the proposition:
464	464	"The increase [change] of a sales and use tax for the ____ County
465	465	Assistance District No. ___ (insert name of district) from the rate
466	466	of ____ [of one] percent (insert [one-fourth, three-eighths, or
467	467	one-half, as] appropriate rate) to the rate of ____ [of one] percent
468	468	(insert [one-fourth, three-eighths, or one-half, as] appropriate
469	469	rate)."
470	470	SECTION 27. Section 387.012, Local Government Code, is
471	471	amended to read as follows:
472	472	Sec. 387.012. EFFECTIVE DATE OF TAX. The adoption of the
473	473	tax, the increase or reduction [change] of the tax rate, or the
474	474	repeal of the tax takes effect on the first day of the first
475	475	calendar quarter occurring after the expiration of the first
476	476	complete quarter occurring after the date the comptroller receives
477	477	a copy of the order of the district's governing body [notice of the
478	478	results of the election] adopting, increasing, reducing
479	479	[changing], or repealing the tax.
480	480	SECTION 28. Sections 86.022, 112.008, and 387.010(d),
481	481	Local Government Code, are repealed.
482	482	SECTION 29. (a) Articles 20.011(a) and 20.02(b), Code of
483	483	Criminal Procedure, as amended by this Act, and Article 20.151,
484	484	Code of Criminal Procedure, as added by this Act, apply only to
485	485	testimony before a grand jury that is impaneled on or after the
486	486	effective date of this Act.
487	487	(b) Article 27.18, Code of Criminal Procedure, as amended by
488	488	this Act, applies to a plea of guilty or nolo contendere entered on
489	489	or after the effective date of this Act, regardless of whether the
490	490	offense with reference to which the plea is entered is committed
491	491	before, on, or after that date.
492	492	(c) Article 38.073, Code of Criminal Procedure, as amended
493	493	by this Act, applies only to the testimony of an inmate witness that
494	494	is taken on or after the effective date of this Act.
495	495	(d) Section 13A, Article 49.25, Code of Criminal Procedure,
496	496	as added by this Act, applies only to a service provided by a
497	497	medical examiner's office on or after the effective date of this
498	498	Act. A service provided before the effective date of this Act is
499	499	covered by the law in effect on the date the service was provided,
500	500	and the former law is continued in effect for that purpose.
501	501	(e) Section 51.318(b), Government Code, as amended by this
502	502	Act, applies only to a request for an electronic certified copy of a
503	503	record, judgment, order, pleading, or paper on file or of record in
504	504	the district clerk's office, including certificate and seal, made
505	505	on or after the effective date of this Act. A request made before
506	506	the effective date of this Act is covered by the law in effect when
507	507	the request was made, and the former law is continued in effect for
508	508	that purpose.
509	509	(f) Section 57.002(d-1), Government Code, as added by this
510	510	Act, applies only to the appointment of a court interpreter under
511	511	Chapter 57, Government Code, as amended by this Act, on or after the
512	512	effective date of this Act. The appointment of a court interpreter
513	513	before the effective date of this Act is governed by the law in
514	514	effect when the interpreter was appointed, and the former law is
515	515	continued in effect for that purpose.
516	516	(g) Section 551.0725(a), Government Code, as amended by
517	517	this Act, applies only to a meeting held on or after the effective
518	518	date of this Act. A meeting held before the effective date of this
519	519	Act is governed by the law in effect on the date the meeting is held,
520	520	and the former law is continued in effect for that purpose.
521	521	(h) Sections 270.007(b) and (f), Local Government Code, as
522	522	amended by this Act, apply only to a contract entered into on or
523	523	after the effective date of this Act. A contract entered into
524	524	before the effective date of this Act is governed by the law in
525	525	effect when the contract was entered into, and the former law is
526	526	continued in effect for that purpose.
527	527	SECTION 30. This Act takes effect immediately if it
528	528	receives a vote of two-thirds of all the members elected to each
529	529	house, as provided by Section 39, Article III, Texas Constitution.
530	530	If this Act does not receive the vote necessary for immediate
531	531	effect, this Act takes effect September 1, 2011.